Villarreal et al v. Perfection Pet Foods, LLC

Filing 13

STIPULATION and ORDER GRANTING the parties' request for a continuance of the Initial Scheduling Conference currently set for 2/7/2017 and CONTINUING it to 4/18/2017 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Th e Court grants telephonic appearance to any party wishing to so appear and directing each party to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. Order signed by Magistrate Judge Erica P. Grosjean on 1/30/2017. (Rooney, M)

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HOYER & HICKS
Richard A. Hoyer (SBN 151931)
[e-mail]
Ryan L. Hicks (SBN 260284)
[e-mail]
Jennifer E. McGuire (SBN 282704)
[e-mail]
4 Embarcadero Center, Suite 1400
San Francisco, CA 94111
tel [phone]
fax [phone]
Attorneys for Plaintiffs
STEVEN VILLARREAL, AGUSTIN BENITEZ, and CARLOS MORALES

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Mark D. Kruthers
[e-mail]
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
tel [phone]
fax [phone]

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Attorneys for PERFECTION PET FOODS, LLC
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN VILLARREAL, AGUSTIN
BENITEZ, and CARLOS MORALES, on
behalf of themselves and all others similarly
situated,

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Plaintiffs,
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Case No. 1:16-cv-01661-LJO-EPG
STIPULATION AND ORDER RE:
DEADLINE TO FILE RESPONSE TO
FIRST AMENDED COMPLAINT AND
CONTINUANCE OF SCHEDULING
CONFERENCE

vs.
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PERFECTION PET FOODS, LLC, a
California limited liability company,
Defendant.

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I.

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STIPULATION

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Plaintiffs STEVEN VILLARREAL, AGUSTIN BENITEZ, and CARLOS MORALES

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(collectively, “Plaintiffs”) and Defendant PERFECTION PET FOODS, LLC (“Defendant”)

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hereby agree as follows:
1.

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Pursuant to a stipulation entered into by Plaintiffs and Defendant, which

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subsequently became an Order of the above-entitled Court, Plaintiffs filed their First

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Amended Complaint in this case on January 10, 2017 (the “FAC”).
2.

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Defendant had until January 24, 2017 to file a response to the FAC.
3.

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In accordance with the prior stipulation and Order of the above-entitled Court,

In discussions with counsel for Plaintiffs, counsel for Defendant indicated that

a Motion to Compel Arbitration would be filed in response to the FAC.
4.

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Counsel for Plaintiffs agreed to review the arbitration policy and/or

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agreements at issue and consider whether or not Plaintiffs would be agreeable to

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stipulating to refer the above-captioned action to binding arbitration.
5.

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In order to give the parties time to discuss the issue of binding arbitration, and

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possibly avoid the need for a Motion to Compel Arbitration to be filed, Plaintiffs agreed to

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continue Defendant’s deadline to file a response to the FAC fourteen (14) days (or until

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February 7, 2017).
6.

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Presently, a Mandatory Scheduling Conference is set to take place in the

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above-captioned action on February 7, 2017. The parties acknowledge that in the event

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the purported disputes are sent to binding arbitration, there will be no need for the

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Mandatory Scheduling Conference to take place.

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7.

In the event Plaintiffs do not agree to stipulate to binding arbitration,

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Defendant will file its Motion to Compel Arbitration on February 7, 2017 and request that the

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hearing on the Motion to Compel Arbitration be set for March 10, 2017.

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In order to the give the parties, and if necessary the Court, time to address

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the issue of binding arbitration, Plaintiffs and Defendant agree that the Mandatory

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Scheduling Conference currently set for February 7, 2017 should be continued to a date in

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late March or early April of 2017.

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IT IS SO STIPULATED.
Pursuant to Civil Local Rule 131(e), concurrence in the filing of this document has
been obtained from Jennifer E. McGuire, Esq., counsel for Plaintiffs on January 24, 2017.
HOYER & HICKS

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Date: January 24, 2017

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/s/ Jennifer E. McGuire
(as authorized on 1-24-17)
Jennifer E. McGuire
Attorneys for Plaintiffs Steven Villarreal,
Agustin Benitez, and Carlos Morales
DOWLING AARON INCORPORATED

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Date: January 24, 2017

/s/ Mark D. Kruthers
Mark D. Kruthers
Attorneys for
Perfection Pet Foods, LLC

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ORDER

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Based upon the foregoing stipulation and good cause appearing, the terms and

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conditions set forth in the Stipulation are SO ORDERED and the Mandatory Scheduling

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Conference in the above-entitled matter is continued to April 18, 2017 at 9:30 a.m., in

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Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean.
IT IS SO ORDERED.

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Dated:
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January 30, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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